FlagShip License Agreement & Warranty

This text is also available in the FlagShip Manual section GEN.2 and on the FlagShip installation media

PLEASE READ CAREFULLY THE LICENSE AGREEMENT BEFORE STARTING WORK WITH FLAGSHIP.  If you do not agree to the terms of this agreement, do not open the disk or tape seal (or do not install the package from another media) but return the whole package for a full refund.
1. This legal document is an agreement between You, the end user (Licensee), and multisoft Munich, Germany (Licensor). The Licensor does not sell any rights on the software, he grants the right to use this software by means of Software License. By opening the sealed disk or tape package, or installing the package from any other media, you are agreeing to become bound by the terms of this agreement. This Agreement may not be changed nor modified, nor may any provision hereof be waived, except in writing signed by the parties hereto. 

2. Multisoft, as Licensor, grants to you, as Licensee, a non-exclusive, non-transferable right to use and display this copy of FlagShip software on a single computer (i.e. one CPU or tightly coupled multiprocessors) at a single location as long as you comply with the terms of this License. If the single computer is a multi-user or networked system (server), each developper (programmer) needs own developer's license.

3. The Licensee owns the magnetic media, on which the licensed software is originally stored, the Licensor retains title and ownership of the software recorded on the original magnetic media and all subsequent copies of it. This License is not a sale of the original software or any copy. 

4. This software and the documentation are the subject of copyright. Copying the software and documentation is forbidden, except for own backup purposes. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License. You may not modify, adapt, translate, reverse-engineer or otherwise derive from the licensed software. 

5a. With the usual FlagShip license (FlagShip Pro), You, as Licensee, are free to distribute any number of Your software, which is developed and translated with the licensed software (FlagShip compiler and library) in any way, without limitations and without paying any royalties to the Licensor. The recipient(s) of your application(s) will not require any additional tools or licenses. You may include the FlagShip dynamic library (libFlagShip.so or FlagShip.dll) and the run-time tools (scripts, terminfo and mapping files) into your distribution package. 

5b. With the licensed "Personal FlagShip", you are free to compile and use any number of your applications personally or internally within your company (on the same hardware where the FlagShip compiler resides), without paying any royalties to the Licensor. You may not pass the produced executable(s) to third parties, nor may distribute the software created with it in any other way. 

5c. The "Free Personal FlagShip" for Linux is similar and compatible to the licensed Personal FlagShip, but the use is restricted for personal and education purposes only - for all other purposes the commercial Personal or Pro license is required. You are free to compile and use any number of your applications on the same hardware where the FlagShip compiler resides, without paying any royalties to the Licensor. You may pass the produced executable(s) to third parties ONLY for free (except the copying cost) and including the source, i.e. you cannot sell applications created by the "Free Personal FlagShip" nor use it for company in-house or commercial purposes. The recipient of your free application will also need either the licensed Personal/Pro FlagShip or the Free Personal FlagShip installed (see also para 6 below). 

5d. With the free "FlagShip Eval/Test drive" license, you are free to compile and use your application personally or internally within your company, without paying any royalties to the Licensor. You may NOT distribute the software created with it, nor use the produced executable or C code for any other purposes, but for evaluation of FlagShip only. 

6. You may not transfer (or assign, rent, lease, sell or otherwise dispose of) the FlagShip compiler, library, documentation or Activation Key to anyone without the prior written permission of multisoft. The only exception is the free Demo/Trial FlagShip package, which you may in full pass (or give away) for free, or for the duplication cost. The media (downloaded file or from CD-ROM) of the not installed "Free Personal FlagShip" package may be freely passed to third parties but NOT the accompanying Activation Key; each FlagShip user must register by himself (either on-line via http://www.fship.com/free.html or by e-mail sales@fship.com ) and will receive an unique Activation Key. 

7. This license is effective until terminated and will terminate automatically without notice if you fail to comply with any provision of this license. Upon termination you must destroy the written materials and delete all copies of the licensed product and with it produced software. 

8. Limited warranty and disclaimer of warranty: The software and accompanying documentation are provided "as is" without warranty of any kind. The Licensor does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the software or documentation in terms of correctness, accuracy, reliability, being up-to-date, or otherwise. The entire risk as to the results and performance of the software is assumed by you. Multisoft warrants to the Licensee that the magnetic media with the original software is free from defects in material and workmanship under normal use and service for a period of six months from the date of delivery. This limited warranty will be fulfilled by replacement of the defective material.

The above is the only warranty of any kind, including but not limited to the implied warranties of merchantability and fitness for a particular purpose that is made by multisoft on its product. Neither Licensor nor anyone else shall be liable for any direct, indirect, consequential or incidental damages (incl. damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use this product. 

9. The Software is subject to change without notice to You. Multisoft may periodically create updated versions of the licensed software. The Licensee may obtain these updates, information and support only if he has returned the completed Registration Card to multisoft. 

10. The License and limited warranty is governed by the law of Federal Republic of Germany and shall benefit multisoft, its successors and assigns. Any claim, dispute or disagreement concerning this Agreement shall be submitted to and maintained in the Court of Munich, Germany. At multisoft's option, any action or proceeding arising out of or relating to this Agreement may be brought in the appropriate court located in the place where You reside. 

11. Severability: If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision shall not affect the validity or enforceability of this Agreement, and this Agreement shall then be constructed in all respects as if such invalid or unenforceable provision was omitted. 

 
12. FlagShip for Linux and other GPL licensed systems: the GNU Licensing does not apply for FlagShip and the software created by FlagShip. The FSF conditions may apply for the Linux libc.so system library when linking statically.

  
Last revised: 4-March-2004. 

BY INSTALLING THE PACKAGE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND SUBJECTS TO ITS CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT CONCERNING THE SUBJECT MATTER OF THE AGREEMENT BETWEEN MULTISOFT AND YOU, AND SUPERSEDES ANY PROPOSAL(S), OR PRIOR AGREEMENT(S), WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER OF THE AGREEMENT.